LETTER TO CRAIG GILLEN FROM JOSEPH P. KIMBLE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R000300340027-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 27, 2016
• Document Release Date: November 15, 2012
• Sequence Number: 27
• Publication Date: August 31, 1984
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
Office of General Counsel
Craig Gillen, Esquire
Lead Attorney, N.D. GA
Southeastern Drug Task Force
Department of Justice
75 Spring Street, S. W.
Atlanta, Georgia 30003
31 August 1984
Dear Mr. Gillen:
Re: U.S. v. Harold Joseph Rosenthal, et al.,
CR. No. 84-14A
Enclosed are Affidavits of no record from the Records Cus-
todians of the Directorate of Operations, Office of Security
and Office of Personnel, CIA. These documents are transmitted
under the Certificate of the General Counsel, CIA, authenti-
cating the documents pursuant to Rule 902 of the Federal Rules
of Evidence, Rule 27 of the Federal Rules of Criminal Proce-
dure, and Rule 44 of the Federal Rules of Civil Procedure.
This material is unclassified and may be filed in open court.
Sincerely,
Assistant General Counsel
Enclosures:
Certificate of Stanley Sporkin
Affidavit of William R. Kotapish
Affidavit of William D. Miller
Affidavit of Robert W. Magee
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
CR.
NO. 84-14-A
)
HAROLD JOSEPH ROSENTHAL and
)
PHILIP ANTHONY BONADOUNA,
)
)
Defendants.
)
CERTIFICATE
1. I am the General Counsel of the Central Intelligence
Agency (CIA). As a function of my Office, I am custodian of
the Seal of the Central Intelligence Agency.
2. Pursuant to the provisions of Rule 902(1) of the
Federal Rules of Evidence, Rule 27 of the Federal Rules of
Criminal Procedure and Rule 44(a) of the Federal Rules of Civil
Procedure, I certify that William R. Kotapish, whose Affidavit
is attached hereto and incorporated by reference herein, is the
official Records Custodian for the Office of Security, CIA, and
that said Affidavit is an official record of the Central
Intelligence Agency.
3. Pursuant to the provisions of Rule 902(1) of the
Federal Rules of Evidence, Rule 27 of the Federal Rules of
Criminal Procedure and Rule 44(a) of the Federal Rules of Civil
Procedure, I certify that William D. Miller, whose Affidavit is
attached hereto and incorporated by reference herein, is the
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official Records Custodian of the central files and indices,
Directorate of Operations, CIA, and that said Affidavit is an
official record of the Central Intelligence Agency.
4. Pursuant to the provisions of Rule 902(1) of the
Federal Rules of Evidence, Rule 27 of the Federal Rules of
Criminal Procedure and Rule 44(a) of the Federal Rules of Civil
Procedure, I certify that Robert W. Magee, whose Affidavit is
attached hereto and incorporated by reference herein, is the
official Records Custodian for the Office of Personnel, CIA,
and that said Affidavit is an official record of the Central
Intelligence Agency.
5. IN WITNESS WHEREOF, I have hereupon set my hand and
caused the Seal of the Central Intelligence Agency to be
affixed to this Certificate.
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(
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-1 ? ( _
STANLEY SPORKIN
General Counsel
Central Intelligence Agency
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
HAROLD JOSEPH ROSENTHAL and
PHILIP ANTHONY BONADONNA,
Defendants.
)
)
)
)
) CR. NO. 84-14-A
)
)
)
)
)
AFFIDAVIT OF WILLIAM R. KOTAPISH
COMMONWEALTH OF VIRGINIA,
COUNTY OF FAIRFAX, to-wit:
WILLIAM R. KOTAPISH, being duly sworn, deposes and says:
1. I am the Director of Security of the Central
Intelligence Agency (CIA) and have held that position since.
11 February 1980. As Director of Security, I am the custodian
of the central files and indices of the Office of Security and
am responsible for processing and maintaining such files and
indices. Said records are maintained by CIA in Fairfax County,
Virginia, and in archival storage, in the regular course of the
business of the CIA and it is the regular practice of the CIA
to maintain such records. The Office of Security maintains
records of security approvals required by persons who have
access to classified CIA activities and/or information. In my
official capacity, I have access to all records of the Office
of Security. My responsibilities also include supervising
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the search for and retrieval of Office of Security documents
pursuant to requests for information concerning the possible
affiliation of persons with the CIA. The statements contained
herein are based upon my knowledge and belief, upon information
made available to me in my official capacity, upon advice
received from the Office of General Counsel, CIA, and upon
judgments made in accordance therewith.
2. In response to a request by the Office of General
Counsel, CIA, a thorough and diligent search was made of the
indices of the Office of Security for information pertaining to
Harold Joseph Rosenthal (aka Harold Ross), Loy Shipp, and
Albert Henry Berlin. This search was conducted under my
supervision by CIA employees who have access to Office of
Security indices, and who are qualified to search those indices
for names or other information in the regular course of their
professional duties.
3. An individual being given access to classified
information through the CIA, including employment by the CIA,
or who would be involved in classified CIA activities, would be
the subject of a security investigation or approval by the
Office of Security. Only the Office of Security is authorized
to conduct such investigations and to grant such approvals.
Every such security investigation and security approval would
be recorded in the records of the Office of Security. Such
records are eligible for destruction only after the clearances
or approvals are no longer needed and the file is closed and
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remains so for a period of not less than 10 years. After a
thorough and diligent search of the indices of the Office of
Security, no records or information of any kind was found
relating to the grant of a security approval to or showing any
affiliation, past or present, between Rosenthal, Shipp or
Berlin and the CIA.
1984. day
Subscribed and sworn to before me this&
My commission expires:
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
CR. NO. 84-14-A
HAROLD JOSEPH ROSENTHAL and
PHILIP ANTHONY BONADONNA,
Defendants.
AFFIDAVIT OF WILLIAM D. MILLER
COMMONWEALTH OF VIRGINIA,
COUNTY OF FAIRFAX, to-wit:
WILLIAM D. MILLER, after being duly sworn, deposes and says:
1. I am the Chief of the Operations Group, Information and
Management Staff, Directorate of Operations (DO), Central
Intelligence Agency (CIA). As Chief of the Operations Group, I
am the custodian of the central files and indices of the
Directorate of Operations* and am responsible for processing
and maintaining such files and indices. Said records are
maintained by CIA in Fairfax County, Virginia, and in archival
storage, in the regular course of the business of the CIA and
*The Directorate of Operations collects foreign
intelligence, largely through secret means; carries out
counterintelligence responsibilities abroad; and undertakes,
when directed by the National Security Council, other select
foreign intelligence tasks.
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it is the regular practice of the CIA to maintain such
records. In my official capacity, I have access to all records
of the Directorate of Operations. My responsibilities also
include the search for and retrieval of Directorate of
Operations documents in response to requests from appropriate
Agency officials. The statements made herein are based upon my
knowledge and belief, upon information made available to me in
my official capacity, upon advice of the CIA Office of General
Counsel, and upon conclusions reached in accordance therewith.
2. In response to a request by the Office of General
Counsel, CIA, a search was made by employees under my
supervision of the DO central files and indices for information
concerning Harold Joseph Rosenthal (aka Harold Ross), Loy Shipp
and Albert Henry Berlin. This search was made by employees who
are qualified to search those systems of records, and who
conduct searches of those systems in the course of their normal
duties. A thorough and diligent search of these records
systems disclosed no record of contact or association with
Rosenthal, Shipp or Berlin.
ALAS
WILLIAM P. MILLER
Subscribed and sworn to before me this
1984.
My commission expires:
day of
aiL3-1
Public
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
V.
)
CR.
NO. 84-14-A
)
HAROLD JOSEPH ROSENTHAL and
)
PHILIP ANTHONY BONADONNA,
)
)
Defendants.
)
AFFIDAVIT OF ROBERT W. MAGEE
COMMONWEALTH OF VIRGINIA,
COUNTY OF FAIRFAX, to-wit:
ROBERT W. MAGEE, being duly sworn, deposes and says:
1. I am the Director of Personnel for the Central
Intelligence Agency (CIA). As Director of Personnel, I am the
custodian of the official personnel files and applicant files
of the Agency. Said records are maintained by CIA in Fairfax
County, Virginia, and in archival storage, in the regular
course of business of the CIA and it is the regular practice of
the CIA to maintain such records. In my official capacity, I
have access to all records of the Office of Personnel. My
responsibilities also include supervising the search for and
retrieval of Office of Personnel documents in response to
requests from appropriate Agency officials. The Office of
Personnel maintains records on all current and former
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employees of the Agency, whether employed in a contract or
staff capacity. The statements made herein are my knowledge
and belief, based on information received by me in my official
capacity, upon advice of the Office of General Counsel, CIA,
and upon conclusions reached in accordance therewith.
2. In response to a request by the Office of General
Counsel, CIA, a thorough and diligent search was made of all
Office of Personnel records systems for information pertaining
to Harold Joseph Rosenthal (aka Harold Ross), Loy Shipp, and
Albert Henry Berlin. This search was conducted by CIA
employees under my supervision who have access to all pertinent
Office of Personnel records, who are qualified to search those
records and who do, in fact, search those records for names or
other information in the regular course of their professional
duties.
3. After a diligent search of all Office of Personnel
records systems, no record or information of any kind
pertaining to Rosenthal, Shipp or Berlin was found.
Subscribed and sworn to before me thisi7c; day of
1984.
/-;;)
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Notary Public
My commission expires: _91 4/1-y /IP;
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
Office of General Counsel
August 1984
Craig Gillen, Esquire
Southeastern Drug Task Force
Department of Justice
75 Spring Street, S. W.
Atlanta, Georgia 30303
Dear Mr. Gillen:
Re: U.S. v. Harold Joseph Rosenthal, et al.
CR. No. 84-14A
This letter amplifies CIA's previous response concerning
the defense allegations of a relationship between Harold
Joseph Rosenthal, and also addresses similar allegations of a
CIA relationship with Loy Shipp.
Neither Harold Joseph Rosenthal nor Loy Shipp have had
any association or relationship whatsoever with CIA. Neither
was an employee, covert associate, contractor, agent or asset
of CIA. The basis for this statement is the absence of any
record of employment, contract, association, contact or other
relationship between CIA and either Mr. Rosenthal or
Mr. Shipp. Had any relationship existed, a record would have
been made and maintained by the CIA and the record would have
been disclosed during the searches made pursuant to the
defendant's Section 5 CIPA notice.
Defense counsel's reference to the possible existence of
unofficial "soft files" is without merit. If Rosenthal or
Shipp had been employees of CIA, an official record would
exist. If Rosenthal or Shipp had been contract employees of
CIA, an official record would exist. Had Rosenthal or Shipp
supplied intelligence information to CIA, an official record
would exist. Had CIA expended any funds on behalf of an
operation involving Rosenthal or Shipp, or paid any funds to
Rosenthal or Shipp, an official record would exist. None of
these records exist, and it must be concluded that the
underlying relationships which would have required the
creation of records also never existed.
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/ believe that CIA has now denied every possible
permutation of the defense claim of a relationship between
CIA and Mr. Rosenthal. Please advise the court and defense
counsel in the strongest terms that there is absolutely no
foundation to Mr. Rosenthal's claims. The foregoing
information is unclassified and may be stated in open court.
ask that you do so.
Ass stant General Counsel
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1114.
CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
(b)(3)
Office of General Counsel
Craig Gillen, Esquire
Southeastern Drug Task Force
Department of Justice
75 Spring Street, S.W.
Atlanta, GA 30303
Dear Mr. Gillen:
/ August 1984
Re: U.S. v. Harold Joseph Rosenthal, et al.
CR. No. 84-14A
Pursuant to your request, the Office of General Counsel
queried the appropriate offices of the Central Intelligence
Agency for any information concerning the escape of Harold
Joseph Rosenthal from the Federal Correctional Institute in
Memphis, Tennessee in September 1981. (The General Counsel has
access to any information in CIA necessary to perform assigned
duties.) Searches conducted pursuant to the inquiry from this
Office disclosed no record of CIA having prior knowledge of
Mr. Rosenthal's escape and no record of CIA assisting in his
escape. Indeed, there is no record of CIA having any
association whatsoever with Mr. Rosenthal. The meaning of this
no record response is clear and unequivocal. CIA had no
relationship with Mr. Rosenthal and was in no way involved in
his escape.
Accordingly, you may advise the court that CIA did not have
prior knowledge of, and CIA did not assist in the escape of,
Harold Joseph Rosenthal from the Federal Correctional Institute
in Memphis, Tennessee on September 30, 1981.
Sincerely,
(b)(3)
Assistant General Counsel
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